When people seek medical care or visit other sensitive locations, they may think their presence is confidential. Little do most consumers know that if they have their phones with them, their location – for example, at a women’s health clinic, a therapist’s office, an addiction treatment center, or a place of worship – may be collected by tech companies. From there, that uniquely personal data becomes yet another commodity bought and sold in the shadowy information marketplace. An FTC lawsuit against data broker Kochava Inc. alleges that the company acquired consumers’ precise geolocation data and then marketed it in a form that allowed Kochava clients – both subscribers and prospective customers who took Kochava up on a free “sample” –  to track consumers’ movements to and from sensitive locations. The complaint charges that Kochava’s conduct is an unfair trade practice, in violation of the FTC Act.
Kochava acquires location data from other data brokers based on information collected from consumers’ mobile devices. Kochava then compiles it in customized data feeds, which it markets to commercial clients eager to know where consumers are and what they’re doing. The amount of location data Kochava has about consumers is staggering. In pitching its products, Kochava offers what it describes as “rich geo data spanning billions of devices globally,” further claiming that its location feed “delivers raw latitude/longitude data with volumes around 94B+ geo transactions per month, 125 million monthly active users, and 35 million daily active users, on average observing more than 90 daily transactions per device.”
The FTC says Kochava wasn’t kidding in describing both the breadth and the specificity of the data it sells. For example, in the Amazon Web Services (AWS) Marketplace, Kochava used this table to attract new customers:

Image courtesy of the FTC.
According to the FTC, Kochava was explaining to prospective clients that its data would link together two key pieces of information for marketers: the timestamped longitudinal and latitudinal coordinates of where a mobile device is located and its Mobile Advertising ID (MAID) – a unique identifier assigned to a consumer’s mobile device. The FTC alleges that Kochava’s location data wasn’t anonymized and, as a result, “[i]t is possible to use the geolocation data, combined with the mobile device’s MAID, to identify the mobile device’s user or owner.”
How do those tech specs translate in the sensitive contexts cited in the FTC’s complaint? It means that Kochava’s data would let customers know that Joe Jones’ cell phone (and therefore Joe Jones) entered a psychiatrist’s office or stayed at a homeless shelter or that Mary Smith visited a center that provides abortion services. According to the complaint, the information could be even more specifically tied to an individual: “[I]t is possible to identify a mobile device that visited a women’s reproductive health clinic and trace that mobile device to a single-family residence. The data set also reveals that the same mobile device was at a particular location at least three evenings in the same week, suggesting the mobile device user’s routine.”
Compounding that concern is the FTC’s allegation that Kochava sold access to its data feeds on publicly accessible information marketplaces and, until just recently, even made free samples available with what the FTC describes as “only minimal steps and no restrictions on usage.” According to the complaint, to gain access to a sample, a potential customer could use an ordinary personal email address and describe their intended use with something as generic as “business.” And let’s be clear: the sample was much more than a smattering. The FTC says it consisted of a seven-day subset of the paid data feed. Converted to a spreadsheet, the sample allegedly filled 327,480,000 rows and 11 columns of data, corresponding to over 61,803,400 mobile devices. According to the complaint, even the free sample included highly sensitive data: “In fact, the Kochava Data Sample identifies a mobile device that appears to have spent the night at a temporary shelter whose mission is to provide residence for at-risk, pregnant young women or new mothers.”
You’ll want to read the complaint for details, but another troubling allegation is that, according to the FTC, “Kochava employs no technical controls to prohibit its customers from identifying consumers or tracking them to sensitive locations. For example, it does not employ a blacklist that removes from or obfuscates in its data set location signals around sensitive locations, such as women’s reproductive health clinics, addiction recovery centers, and other medical facilities.”
From the FTC’s perspective, the injury to consumers is substantial, given that Kochava’s disclosure of highly sensitive information – for example, that a person may be considering an abortion, seeking mental health care, or attending a particular house of worship – could subject them to stigma, stalking, discrimination, job loss, and even physical violence. What’s more, consumers could hardly be expected to take steps to avoid those injuries since they didn’t know Kochava was trafficking in their information in the first place.
The one-count complaint, which is pending in federal court in Idaho, charges that Kochava’s sale, transfer, or licensing of precise geolocation data associated with unique persistent identifiers that reveal consumers’ visits to sensitive locations is an unfair practice, in violation of the FTC Act.
Author:

Lesley Fair

Compliments of the Federal Trade Commission.
The post FTC says data broker sold consumers’ precise geolocation, including presence at sensitive healthcare facilities first appeared on European American Chamber of Commerce New York [EACCNY] | Your Partner for Transatlantic Business Resources.

Brussels, 29 August 2022 |
The EU and Canada are trusted and like-minded partners that share the same goals when it comes to promoting open, sustainable and fair trade. Our EU-Canada Comprehensive Economic and Trade Agreement (CETA) aims to support our common objective of climate protection. In this context, the European Commission has engaged in constructive discussions with the German Federal Government to prepare a text that clarifies certain provisions in CETA. The result of these technical discussions is a more precise definition of the concepts of ‘indirect expropriation’ and ‘fair and equitable treatment’ of investors. The aim is to ensure that the parties can regulate in the framework of climate, energy and health policies, inter alia, to achieve legitimate public objectives, while at the same time preventing the misuse of the investor to State dispute settlement mechanism by investors.
The new draft text agreed by the Commission and the Federal Government provides legal certainty and it now needs to be supported by all other EU Member States. Once this is the case, we will consult our Canadian partners so that the new definitions can be adopted by the CETA Joint Committee as soon as possible.
Download the statement on CETA agreement here
Contact:

Miriam GARCIA FERRER | miriam.garcia-ferrer@ec.europa.eu

Compliments of the European Commission.
The post Statement from the Commission on clarifications discussed with Germany regarding investment protection in the context of the CETA agreement first appeared on European American Chamber of Commerce New York [EACCNY] | Your Partner for Transatlantic Business Resources.

In parallel with the adoption of EU instruments in the area of civil and commercial law, the EU’s exclusive external competence to negotiate and conclude international conventions has also increased. As a result, the EU (represented by the Commission) has gradually replaced Member States internationally. Where the EU cannot be formally a Contracting Party to an international Convention (because the participation of regional/international organisations is not foreseen in the convention), the EU exercises its competence through its Member States.
The EU promotes multilateral conventions in its relations with third countries in order to rely on a common legal framework on a wide range of issues. The aim is to enhance EU values, promote trade and protect EU citizens and businesses at the global level. The main international partner of the EU on civil justice cooperation is the Hague Conference on Private International Law, of which the EU is a full Member since 2007. Other relevant organisations are Uncitral (United Nations Commission on International Trade Law) and Unidroit (International institute for the unification of private law), where the EU has an observer status. Conventions developed by these international organisations cover issues such as child protection ( in particular  child support and  prevention of child abduction), choice of court, recognition and enforcement of foreign judgments, security interests, insolvency or protection of vulnerable adults.
So far, four major multilateral conventions have been negotiated by the Commission on behalf of the Union: the Lugano Convention with Norway, Switzerland and Iceland on jurisdiction, recognition and enforcement of judgments in civil and commercial matters basically extending the Union’s system to these three countries; the 2007 Hague Child Support Convention (ratified  by the EU in 2014) and its Protocol on applicable law (concluded in 2010) ensuring the protection of children and spouses in need to maintenance beyond the EU’s borders; the 2005 Hague Choice of Court Convention, ratified  by the EU in 2015, which ensures that a court chosen by parties is respected and the resulting judgment is recognised and enforced and the 2019 Hague Judgments Convention, which sets up a comprehensive system for the recognition and enforcement of foreign judgments in civil or commercial matters.
The Commission has proposed on 16 July 2021 that the EU accedes to the Judgments Convention. The Council adopted the decision on accession on 12 July 2022 and the EU joined the Judgments Convention on 29 August of the same year. The EU accession to this convention aims at facilitating the recognition and enforcement of judgments given by courts in the EU in non-EU countries, while allowing foreign judgments to be recognised and enforced in the EU only where fundamental principles of EU law are respected.
Compliments of the European Commission.
The post International Cooperation on Civil Justice first appeared on European American Chamber of Commerce New York [EACCNY] | Your Partner for Transatlantic Business Resources.

The European Commission has found Italy’s plan to enable the transfer of certain State guaranteed loans to a newly created platform managed by AMCO S.p.A. to be free of any State aid.
The Commission found that, under the scheme, the Italian State will be remunerated in line with market conditions. It also found that the sale of the loans to the platform managed by AMCO as well as any potential new loans granted by it will be carried out on market terms.
Executive Vice-President Margrethe Vestager, in charge of competition policy, said: “This scheme will enable Italy to maximise the recovery of loans while reducing the impact of the existing State guarantees on the national budget and the effects on the borrowers with good prospects of viability. This is an important step towards recovery for the Italian economy, while ensuring that competition is not distorted.”
The Italian measure
AMCO is a full-service credit management company whose voting shares are fully owned by the Italian Ministry of Economy and Finance. It has set up a platform to (i) centralise the management of loans, (ii) maximise their long-term value and (iii) limit the payments from Italy due to the possible triggering of the State guarantees.
Italy notified the Commission of its intention to allow banks to transfer off their balance sheets around €12 billion in two types of loans: (i) loans benefitting from a State guarantee initially approved under the State aid Temporary Framework in April 2020 (SA.56966); and (ii) unguaranteed loans of either the same debtors or connected ones. The economic and legal terms of the State guarantees, namely their duration, coverage and premiums, will remain as initially approved by the Commission.
Under the scheme, the loans will first be transferred from the banks to AMCO’s platform. The price for those loans will be based on private investors’ bids. In return for the transferred loans, investors, which may include the originating banks, will receive notes.
If the originating banks decide to retain all notes, the price will be agreed among all banks, ensuring that no beneficial pricing will be set for any portfolio of loans. Additionally, the price will be independently verified by a third-party evaluator. In any case, AMCO will not buy any of these notes.
Once these loans are on the platform, AMCO will be responsible for managing them. While AMCO will focus on more complex loans, it will cooperate with private servicing companies for smaller loans portfolios. AMCO’s remuneration for these services has been benchmarked against comparable transactions for which data was available in the Italian market.
AMCO also may provide new financing to some of the borrowers, which must be viable companies that only face temporary difficulties. Such loans will be provided by AMCO alongside financing from private operators under the same terms and conditions.
Finally, AMCO may provide short-term liquidity assistance to the platform to cover mismatches between the inflows from the loans and the required payments for the notes. These loans will be remunerated with an interest rate that is in line with market benchmarks.
The Commission’s assessment
The Commission assessed the scheme under EU State aid rules, in particular Article 107(1) of the Treaty on the Functioning of the European Union (‘TFEU’).
Under EU State aid rules, if a Member State intervenes as a private investor would do and is remunerated for the risk assumed in a way a private investor would accept, then such an intervention does not constitute State aid.
In this case, the Commission found that the transfers of the loans as well as AMCO’s services will be carried out on market terms, i.e. in a manner that would be acceptable for a private operator. This is in particular ensured by the following elements:

First, the price of the loans transferred to the platform will be established through a mechanism driven by private investors via an open and competitive process. If the notes are retained by the originating banks, the price will also be set in line with market conditions, through an independently verified system. Finally, any public investor will be accepted as note holder only under the same terms and conditions as private investors.
Second, the remuneration for the management of the loans will be benchmarked to the fees negotiated by asset management companies in comparable transactions on the market, ensuring a sufficient level of profitability. Any sub-servicers will be selected through an open tender procedure to exclude any advantages.
Third, the new financing provided by AMCO to borrowers will be at the same rate that private operators would offer. As regards the liquidity assistance, the pricing charged for these loans is based on a methodology that takes into account the risk taken by AMCO and leads to a remuneration in line with market conditions.

On this basis, the Commission approved the Italian measure under EU State aid rules.
Background
The EU Treaty is neutral when it comes to public versus private ownership. Under EU State aid rules, if a Member State chooses to intervene as a private investor would do, and is remunerated for the risk assumed in a way a private investor would accept, such an intervention does not constitute State aid and falls outside of EU State aid control. The choice of the type of intervention lies with the Member State and it is always the decision of the Member State whether to grant any State aid. The Commission, as the body responsible for EU State aid control, has to ensure that any measure implemented is in line with EU rules.
The non-confidential version of this decision will be made available under the case number SA.64169 in the State Aid Register on the competition website once any confidentiality issues have been resolved. New publications of State aid decisions on the internet and in the Official Journal are listed in the Competition Weekly e-News.
Compliments of the European Commission.
The post State aid: EU Commission approves Italian market conform scheme to manage publicly guaranteed loans first appeared on European American Chamber of Commerce New York [EACCNY] | Your Partner for Transatlantic Business Resources.

The European Commission published today the results of an external market study on the distribution practices of hotels in the EU.
The market study was conducted in 2021 and covers the period between 2017 and 2021. It focused on a representative sample of six Member States (Austria, Belgium, Cyprus, Poland, Spain and Sweden). The study aimed to:

obtain up-to-date facts on hotels’ distribution practices, following up on a similar monitoring exercise carried out by the European Competition Network (ECN) in 2016;
establish whether hotels’ distribution practices differ between Member States;
identify any changes in hotels’ distribution practices, as compared to the results of the ECN monitoring exercise of 2016;
find out whether laws banning the use of wide and narrow parity clauses by online travel agents in Austria and Belgium have led to changes in hotels’ distribution practices in those Member States. Parity clauses prevent hotels from offering better conditions on sales channels other than the website of the online travel agent with which the hotel has a contract. Wide parity clauses relate to the price and other conditions offered by the hotel on all other sales channels, whereas narrow parity clauses relate only to the prices published by the hotel on its own website.

The main results of the market study
The results of the market study do not indicate any significant change in the competitive situation in the hotel accommodation distribution sector in the EU compared to 2016. In particular:

  Online travel agencies (‘OTAs’) account for 44% of independent hotels’ room sales, a slight increase relative to 2016.
  Booking.com and Expedia remain the leading OTAs for hotel bookings and there is no sign of significant changes in OTA market shares or of new OTA entry.
  The commission rates paid by hotels to OTAs appear to have remained stable or slightly decreased.
  The level of room price and room availability differentiation applied by hotels both between different OTAs and between the hotels’ own websites and OTAs appears to have decreased.
  It appears that some OTAs use commercial measures, such as improved/reduced visibility on the OTA website, to incentivise hotels to give them the best room prices and conditions.
  The relative importance of hotel sales channels (online/offline, direct/indirect) differs to some extent between Member States, but there appear to be no significant differences in the conditions of OTA competition.
  Laws in Austria and Belgium banning the use of wide and narrow OTA parity clauses in the hotel sector do not appear to have led to material changes in hotel distribution practices, relative to the other Member States covered by the study.

The Commission consulted the EU National Competition Authorities (‘NCAs’) on the design of the market study and has discussed the results of the study with them.
Next steps
The results of the study will be taken into account by the Commission and NCAs in their ongoing monitoring and enforcement work in the hotel accommodation distribution sector.
The Digital Markets Act (‘DMA’), which is expected to enter into force in the autumn may also have an impact on competition in the hotel accommodation distribution sector. The DMA aims to ensure that platform markets are contestable and that gatekeeper platforms offer fair terms to business users. The DMA prohibits gatekeeper platforms from using wide or narrow retail parity clauses or equivalent commercial measures. The process for designating gatekeeper platforms will begin once the DMA becomes applicable, six months after entry into force.
Background
The distribution of hotel accommodation has been the subject of several antitrust and legislative interventions in recent years.
Since 2010, several NCAs have investigated the use of retail parity clauses by OTAs in their contracts with hotels. Wide retail parity clauses prevent the hotel from offering better room prices or increased availability on any other sales channel. Narrow retail parity clauses allow the hotel to offer better room prices on other OTAs and for offline sales, but prevent the hotel from publishing better prices on its website. As a result of these national investigations, in April 2015, the French, Italian and Swedish NCAs accepted binding commitments from Booking.com to change its wide retail parity clauses to narrow parity clauses throughout the European Economic Area (‘EEA’) for a period of five years. In August 2015, Expedia also decided to change its retail parity clauses from wide to narrow throughout the EEA. In December 2015, the German NCA prohibited Booking.com’s narrow parity clauses. Following an appeal by Booking.com, this decision was ultimately upheld by the German Supreme court.
Between 2015 and 2018, France, Austria, Italy and Belgium adopted laws banning the use of wide and narrow retail parity clauses by OTAs in the hotel sector.
In 2016, a group of ten NCAs and the Commission conducted a monitoring exercise in the hotel booking sector, to measure the effects of the changes to OTA parity clauses resulting from these regulatory interventions.
In February 2017, based on the results of the monitoring exercise, the ECN decided that the competition remedies already adopted should be given more time to produce effects and that the competitive situation would be re-assessed in due course.
In 2020, Booking.com and Expedia informed the Commission and NCAs that they would continue to refrain from using wide retail parity clauses throughout the EEA until at least June 2023.
In May 2022, the Commission adopted the new Block Exemption Regulation for Vertical Agreements (‘new VBER’), which provides a safe harbour for certain vertical agreements, and the accompanying Vertical Guidelines. Wide retail parity clauses used by online platforms are excluded from the new VBER’s safe harbour. However, other types of parity clause, including narrow retail parity clauses, continue to benefit from the safe harbour. The Vertical Guidelines provide guidance for companies on the application of the new VBER to parity clauses and on the assessment of parity clauses in individual cases falling outside the safe harbour.
Compliments of the European Commission.
The post Antitrust: EU Commission publishes market study on hotels’ distribution practices first appeared on European American Chamber of Commerce New York [EACCNY] | Your Partner for Transatlantic Business Resources.

Clyde Caruana, Minister for Finance and Employment of Malta, and Paschal Donohoe, President of the Eurogroup and Minister for Finance of Ireland, met in Valletta, Malta, on 23 August 2022.
Their discussion focused on the evolving geopolitical and economic situation and its impact on Malta, Ireland, and the Euro Area as a whole. Against the backdrop of growing challenges such as rise of inflation and revisions in global growth prospects, both Ministers emphasised the benefit of close coordination of national economic and fiscal policies. Economic policy coordination will continue to be a key theme of Eurogroup’s work programme until the end of the year.
Ministers Caruana and Donohoe also discussed other Eurogroup priorities for the second half of the year, including the future of European fiscal rules, the deepening of the Economic and Monetary Union, and the digital Euro project. They also touched on the ongoing process for appointing a new Managing Director for the European Stability Mechanism.
Following the meeting, Minister Donohoe said:

It gives me particular pleasure to visit my Maltese colleague and friend, Clyde Caruana, here in Valletta. Today, we discussed the policy priorities for the Eurogroup until the end of the year, as we face a particularly uncertain outlook. While Malta’s economic performance is among the best in Europe there are a number of challenges ahead. It is more important than ever that we maintain and strengthen the close cooperation we established during the pandemic, to ensure that our actions at national level complement each other and that the Euro Area economy continues to grow.
Paschal Donohoe, President of the Eurogroup and Minister for Finance of Ireland

Minister Caruana said:

It is a great honour to welcome my friend, Minister for Finance of Ireland and President of the Eurogroup, Paschal Donohoe, here in Malta. Navigating these difficult times requires strong and flexible policies that are sustainable and offer support to vulnerable sectors of society. This must happen within the context of a fiscally responsible framework which does not jeopardise tomorrow’s well-being for todays. This is an inviolable principle. Europe’s competitive margin will be tested this winter due to spiralling energy costs, continuing supply chain issues and inflation. Our role as European Governments is to minimise the negative impacts on businesses, protect jobs and show resilience during this challenging period.
Clyde Caruana, Minister for Finance and Employment of Malta

Compliments of the European Council, the Council of the European Union.
The post Press release following the meeting between Clyde Caruana and Paschal Donohoe first appeared on European American Chamber of Commerce New York [EACCNY] | Your Partner for Transatlantic Business Resources.

The European Securities and Markets Authority (ESMA), the EU’s securities markets regulator, today published the annual update of its Reporting Manual on the European Single Electronic Format (ESEF). This year’s highlight is the new guidance in relation to the ESEF regulatory technical standards (RTS) requirement to mark up the notes to the IFRS consolidated financial statement following the “block tagging” approach.
As the ESEF RTS requirement is applicable to 2022 financial year for the first time, the manual contains a new section providing guidance to market participants on ESMA’s expectations on how to perform such block-tagging – for example, what elements from the taxonomy are to be used, what level of granularity on tagging the information is expected etc.
Other novelties:

new section on ESMA’s expectations when issuers publish annual financial reports in other formats than the ESEF and further guidance when publishing annual financial reports in several languages; and
new technical guidance such as the construction of a block tag or ESMA’s expectation to also tag dashes or empty fields in figures even if they are not considered numbers.

The purpose of the ESEF reporting manual is to promote a harmonised and consistent approach for the preparation of annual financial reports in the format specified in the RTS on ESEF. It provides guidance on common issues that may be encountered when creating ESEF documents and explains how to address/resolve them.
Next steps
Issuers are expected to follow the guidance provided in the ESEF reporting manual when preparing their 2022 annual financial reports and software firms when developing software used for the preparation of annual financial reports in Inline XBRL.
Contact:

Dan Nacu-Manole, Communications Officer | press@esma.europa.eu

Compliments of the European Securities and Market Authority.
The post ESMA updates the European Single Electronic Format reporting manual first appeared on European American Chamber of Commerce New York [EACCNY] | Your Partner for Transatlantic Business Resources.

Today, the European Commission adopted its proposal for fishing opportunities for 2023 for the Baltic Sea. Based on this proposal, EU countries will determine the maximum quantities of the most important commercial fish species that can be caught in the sea basin.
The Commission proposes to increase fishing opportunities for central herring and plaice, while maintaining the current levels for salmon and the levels of by-catch of western and eastern cod, as well as western herring. The Commission proposes to decrease fishing opportunities for the four remaining stocks covered by the proposal, in order to improve the sustainability of those stocks and to allow them to recover.
Virginijus Sinkevičius, Commissioner for Environment, Oceans and Fisheries, said: “I remain worried about the poor environmental status of the Baltic Sea. Despite some improvements, we are still suffering from the combined effects of eutrophication and slow response to tackle this challenge. We must all take responsibility and take action together. This is the only way to ensure that our fish stocks become healthy again and that our local fishers could rely again on them for their livelihoods. Today’s proposal goes in this direction.”
Over the past decade, EU fishermen and women, industry and public authorities have made major efforts to rebuild fish stocks in the Baltic Sea. Where complete scientific advice was available, fishing opportunities had already been set in line with the principle of maximum sustainable yield (MSY) for seven out of eight stocks, covering 95% of fish landings by volume. However, commercial stocks of western and eastern cod, western herring, and the many salmon stocks in both the southern Baltic Sea and the rivers of the southern Baltic EU Member States are under severe environmental pressure from habitat loss, due to the degradation of their living environment.
The total allowable catches (TACs) proposed today are based on the best available peer-reviewed scientific advice from the International Council on the Exploration of the Seas (ICES) and follow the Baltic multiannual management plan (MAP) adopted in 2016 by the European Parliament and the Council. A detailed table is available below. 
Cod
For eastern Baltic cod, the Commission proposes to maintain the TAC level limited to unavoidable by-catches and all the accompanying measures from the 2022 fishing opportunities. Despite the measures taken since 2019, when scientists first raised the alarm about the very poor status of the stock, the situation has not yet improved.
The condition of western Baltic cod has unfortunately grown worse and the biomass dropped to a historic low in 2021. The Commission, therefore, remains cautious and proposes to maintain the TAC level limited to unavoidable by-catches, and all the accompanying measures from the 2022 fishing opportunities.
Herring
The stock size of western Baltic herring remains below safe biological limits and scientists advise for the fifth year in a row a halt of western herring fisheries. The Commission, therefore, proposes to only allow a very small TAC for unavoidable by-catches and keeping all the accompanying measures from the 2022 fishing opportunities.
For central Baltic herring, the Commission remains cautious, with a proposed increase of 14%. This is in line with the ICES advice, because the stock size has still not reached healthy levels and relies on new-born fish only, which is uncertain. Again, in line with the ICES advice, the Commission proposes to decrease the TAC level for herring in the Gulf of Bothnia by 28%, as the stock has dropped very close to the limit below which it is not sustainable. Finally, for Riga herring, the Commission proposes decreasing the TAC by 4% in line with ICES advice.
Plaice
While the ICES advice would allow for a significant increase, the Commission remains cautious, mainly to protect cod – which is an unavoidable by-catch when fishing for plaice. New rules should soon enter in force, making obligatory the use of new fishing gear that is expected to substantially reduce cod by-catches. The Commission therefore proposes to limit the TAC increase to 25%.
Sprat
ICES advises a decrease for sprat. This is due to the fact that sprat is a prey species for cod, which is not in a good condition, so it would be needed for the cod recovery. In addition, there is evidence of misreporting of sprat, which is in a fragile condition. The Commission, therefore, remains cautious and proposes to reduce the TAC by 20%, in order to set it to the lower maximum sustainable yield (MSY) range.
Salmon
The status of the different river salmon populations in the main basin varies considerably, with some being very weak and others healthy. In order to achieve the MSY objective, ICES advised last year the closure of all salmon fisheries in the main basin. For the coastal waters of the Gulf of Bothnia and the Åland Sea, the advice stated that it would be acceptable to maintain the fishery during the summer. The ICES advice remains unchanged this year, so the Commission proposes to maintain the TAC level and all the accompanying measures from the 2022 fishing opportunities.
Next steps
The Council will examine the Commission’s proposal in view of adopting it during a Ministerial meeting on 17-18 October.
Background
The fishing opportunities proposal is part of the European Union’s approach to adjust the levels of fishing to long-term sustainability targets, called maximum sustainable yield (MSY), by 2020 as agreed by the Council and the European Parliament in the Common Fisheries Policy. The Commission’s proposal is also in line with the policy intentions expressed in the Commission’s Communication “Towards more sustainable fishing in the EU: state of play and orientations for 2023” and with the Multiannual Plan for the management of cod, herring and sprat in the Baltic Sea.
For more information
Proposal for a Council Regulation fixing the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea for 2023 and amending Regulation (EU) 2022/109 as regards certain fishing opportunities in other waters – COM/2022/415
Questions & Answers on fishing opportunities in the Baltic Sea in 2023
Table: Overview of TAC changes 2022-2023 (figures in tones except for salmon, which is in number of pieces)

 
2022
2023

Stock and
ICES fishing zone; subdivision
Council agreement   (in tonnes & % change from 2020 TAC)
Commission proposal
(in tonnes & % change from 2021 TAC)

Western Cod 22-24

489 (-88%)
489 (0%)

Eastern Cod 25-32

595 (0%)
595 (0%)

Western Herring 22-24

788 (-50%)
788 (0%)

Bothnian Herring 30-31

111 345 (-5%)
80 074(-28%)

Riga Herring 28.1

47 697 (+21%)
45 643 (-4%)

Central Herring 25-27, 28.2, 29, 32

53 653 (-45%)
61 051 (+14%)

Sprat 22-32

251 943 (+13%)
201 554 (-20%)

Plaice 22-32

9 050 (+25%)
11 313 (+25%)

Main Basin Salmon 22-31

63 811 (-32%)
63 811 (0%)

Gulf of Finland Salmon 32

9 455 (+6%)
9 455 (0%)

Compliments of the European Commission.
The post EU Commission proposes fishing opportunities for 2023 in the Baltic Sea in an effort to recover species first appeared on European American Chamber of Commerce New York [EACCNY] | Your Partner for Transatlantic Business Resources.

High-quality, reliable, and comparable gauges are lacking. Here’s how to close the gap.

Climate change is transforming the global investment landscape, creating new risks and opportunities. Physical risks, from rising sea levels to the lethal heat waves scorching Europe and elsewhere, affect asset values for everything from stocks to real estate and infrastructure. So-called transition risk—including government policies to reduce greenhouse gas emissions—lowers the value of fossil fuel companies.
To evaluate these risks and support the transition to a low-carbon economy, investors and others in the financial world need information. For example, they may want to know if a company’s assets are physically vulnerable, the volume of greenhouse gases it emits, and what its plans are for lowering emissions.
In addition, heightened geopolitical risks, notably due to Russia’s war in Ukraine, and the deterioration of the global economic outlook may make the transition to a low-carbon economy more complex, expensive and disorderly.

Banks, pension funds, and other investment firms need better climate data to assess risks.

Energy policy decisions could also be affected by the amount of carbon lock-in—which occurs when fossil fuel-intensive systems perpetuate, delay or prevent the low-carbon transition—that is generated in the near term, including by a delayed phase-out of thermal coal.
Data deficit
Currently, however, financial market participants face a lack of high-quality, reliable, and comparable data needed to efficiently price climate related risks and avoid greenwashing—spurious attempts by financial or non-financial companies to burnish their environmental credentials.
This data deficit poses a serious obstacle to the energy and ecological transition, which requires migrating capital toward low-carbon industries and massive new investments in mitigation and adaptation. It also makes it more difficult for financial supervisors to assess risks to financial stability given uncertainties and challenges to quantifying climate-related impacts. Therefore policymakers urgently need to ensure that better climate data are made available.
A new report from the Network for Greening the Financial System takes an important step. It features a directory that evaluates available climate data, identifies gaps, and offers practical, concrete ways to close those gaps.
The report, a product of a working group co-chaired by the IMF and the European Central Bank, strengthens what we call climate information architecture. This has three building blocks: high quality, comparable data; global disclosure standards; and climate alignment approaches and methodologies, including taxonomies of assets and activities.
The report makes three contributions. First, it highlights that, despite the substantial progress on the climate data front since COP26, challenges remain, including:

Insufficient coverage in disclosures of non-publicly listed companies and small and medium-sized companies
Limited availability of comparable and science-based forward-looking information, such as targets, commitments, and emissions pathways, that are needed to assess physical and transition risks
Auditability is needed to build trust and enhance the quality of data, yet it remains limited

Second, the report makes tangible policy recommendations:

Foster convergence toward common and consistent global disclosure standards, for example by increasing availability of granular emissions data and improving the reliability of reported climate-related data
Increase efforts toward shared principles for taxonomies, for example by increasing the linkages between taxonomies and disclosures
Develop well-defined metrics and methodological standards, for example by better harmonizing forward-looking metrics and reinforcing public and private cooperation to improve methodologies
Better leverage available data sources, approaches, and tools, for example by improving use of new technologies

The third and most important contribution is the climate-data directory, which surveys available data based on the needs of the financial sector and how information is used.
For example, banks, pension funds, and other investment firms apply scenario analyses and stress testing to analyze climate-related risks from individual securities and companies themselves, in combination with credit ratings. They need climate-related data to assess vulnerability to these risks at the sector, company, household, and sovereign level, and to evaluate the determinants of physical risks and transition risks.
Policymakers may need other data to determine whether a sharp drop in asset prices could hurt balance sheets of financial companies, putting financial stability at risk.
Climate data directory
The climate data directory can shape evidence-based conclusions on the main data gaps. For example, it shows where raw data aren’t available to construct metrics such as the exposure to climate policy relevant sectors, or the share of assets such as coal-fired power plants in energy portfolios. Missing are accounting data and exact geographic location of assets, as well as data on greenhouse-gas emissions and effects related to biodiversity, forest depletion, floods, droughts, and storms.
Though not offering direct access to underlying data, the directory is a public good, a living tool aimed at better disseminating climate-related data and offering practical solutions to bridge data gaps. It’s designed to help financial professionals identify relevant sources to meet their needs, facilitate access, and better disseminate existing climate-related data. It can play a decisive role in fostering progress on the four policy recommendations described above.
The report’s findings and accompanying policy recommendations line up closely with the IMF’s work on climate data, disclosures, and taxonomies and other methodologies intended to align financial portfolios with Paris Agreement goals.
Metrics and methodologies
For example, the Fund’s Climate Change Indicators Dashboard, a statistical initiative to address the growing need for data used in macroeconomic and financial stability analysis, may benefit from the directory’s improved metrics and underlying methodologies.
The IMF is also leading a joint project to provide guidance on the Group of Twenty’s high-level principles for taxonomies and other sustainable-finance alignment approaches. This work is particularly relevant for emerging market and developing economies, which face considerable challenges in reducing greenhouse-gas emissions and attracting private capital to finance the transition.
The IMF participates in the International Financial Reporting Standards Foundation’s new standard-setting board for sustainability and climate disclosures, which plays a key role in such work. It also co-leads the Financial Stability Board’s Climate Vulnerabilities and Data workstream to incorporate climate in the organization’s regular vulnerabilities assessment.
These efforts aim to address areas of concern in climate vulnerabilities, metrics, and data based on their materiality and their cross-border and cross-sectoral relevance. Finally, the IMF has started to include climate-related risk analysis in its financial sector assessment programs.
Late last year, the IMF dedicated its annual statistical forum to gauging climate change, and discussed with other international bodies how to close climate finance data gaps. And in October, we will publish an analytical chapter of the Global Financial Stability Report that takes a more in-depth look at financial markets and instruments in scaling up of private climate finance in emerging market and developing economies.
Authors:

Charlotte Gardes-Landolfini
Fabio Natalucci

Compliments of the IMF.
The post IMF | Achieving Net-Zero Emissions Requires Closing a Data Deficit first appeared on European American Chamber of Commerce New York [EACCNY] | Your Partner for Transatlantic Business Resources.

This report contains the audited financial statements of the FSB, for the 12-month period from 1 April 2021 to 31 March 2022. It also provides details on the FSB governance arrangements and its transparency and accountability mechanisms.
A detailed explanation of the activities undertaken to implement the mandate and tasks of the FSB is provided in the FSB’s Annual Report, which is a separate report that will be published in November.

Available as: PDF

Compliments of the U.S. Financial Stability Board.
The post FSB Annual Financial Report: 2021-22 first appeared on European American Chamber of Commerce New York [EACCNY] | Your Partner for Transatlantic Business Resources.